How Much Compensation Can You Recover In A Birth Injury Lawsuit?

Posted By Beam & Raymond || 23-Jun-2017

Following preventable
birth injuries, victims and families have the right to hold negligent medical care providers
liable for the damages they caused. Given the profound physical, financial,
and emotional toll that coincides with birth injuries, especially injuries
that result in long-term or permanent impairment, these cases can provide
families with the opportunity to recover substantial compensation awards.
These recoveries are vital to helping families not only cover the costs
and damages they have endured, but also to rebuilding their lives and
covering the expenses and challenges they will face moving forward.

At Beam & Raymond, our Chicago birth injury attorneys have handled
birth injury cases throughout the nation, and have worked closely with
families who have suffered substantial physical and emotional harm due
to medical negligence and error. When speaking with victims and their
loved ones, we are often asked about the value of a potential case. Because
every case, injury, and its impact on the lives of victims are different,
however, the answer to that question is always:
it depends.

While it may not be possible to put an exact figure or estimate on a case,
victims can gain a better understanding of the compensation they may be
eligible to recover in a birth injury lawsuit. This includes:

Economic damages – Economic damages refer to the verifiable financial losses victims
experience following preventable injuries. Common examples of economic
damages include past medical expenses and lost wages, as well as the projected
costs of future medical needs, lost income, and even the lost earnings
of a child who may not be able to engage in substantial gainful employment
due to their injuries. Economic damages can be reasonably calculated based
on not only medical bills, but also estimates and projections. For example,
our attorneys work with medical experts to identify how birth injuries
will impact both children and their families financially. This may include
estimation and tabulation of future procedures, doctor’s appointments,
therapy, daily care, and accommodations that need to be made in order
to help a child as they grow and engage with the world.

Non-economic damages – Unlike economic damages, non-economic damages cannot be easily
calculated in monetary sums. This is because non-economic damages are
intended to compensate victims for intangible and emotional losses such
as the pain and suffering, loss of enjoyment or quality of life, physical
disability or impairment, loss of companionship, and mental anguish experienced
by victims and their loved ones. Because birth injuries have an overwhelming
potential for long-term or life-altering ramifications, it is often the
case that victims and families are awarded substantial sums for non-economic damages.

Punitive damages – Punitive damages, also referred to as exemplary damages, are not
considered compensatory damages like economic or non-economic damages,
and they are not awarded in every personal injury or birth injury case.
Instead, they are reserved for cases in which an at-fault party’s
conduct was egregiously negligent, or when an injury results from fraud,
malice, willful or wanton wrongful acts, or even deliberate violence.
Essentially, punitive damages are intended to punish wrongdoers for excessively
bad or inappropriate conduct, and to deter them and others from committing
similar acts. When punitive damages are available, our firm pursues them
aggressively in order to secure additional compensation on behalf of our clients.

It is important to note that some states implement caps on the amount of
damages victims may be able to recover, even if a jury were to award more
than the limit. While a few states have passed umbrella caps on all forms
of damages in medical malpractice cases, more than half of all states
have placed caps on non-economic damages only. For example, the state
of Michigan caps non-economic damages in a single medical malpractice
claim at $280,000, but may increase that cap to $500,000 under certain
circumstances, such as when victims suffer paralysis or permanent disability.
Because caps similar to this are implemented by many states, it becomes
important to work with experienced attorneys who can help you understand
the role non-economic damages will play in your case, and whether any
caps may be involved.

When helping clients seek a fair recovery of their damages, our legal team
utilizes extensive resources and experience to explore the full scope
of our clients’ losses. This is why we work personally with our
clients, and take the time to understand how a preventable birth injury
has impacted their lives. Additionally, we work with experts and leverage
our insight in these cases and the common types of injuries that result
to clearly and convincingly present a case that exemplifies how birth
injuries will impact victims and their loved ones in the future. By taking
the full extent of our clients’ past and future damages into perspective,
we aim to recover the maximum compensation possible.

Have questions about a potential birth injury case and the compensation
you may be entitled to recover?
Contact
Beam & Raymond for a FREE consultation. Our firm is available to help
birth injury victims nationwide.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation.
This information is not intended to create, and receipt or viewing does
not constitute, an attorney-client relationship.